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Counsel

Personal Injury Lawyer: Economic Vs Non-Economic Damages

From the first conversation with a personal injury lawyer, many clients realize that they need to separate the economic damages that they have experienced from the non-economic damages. This is not always easy and in some cases, lawyers struggle to try and prove that clients deserve compensation for those non-economic damages. Here’s a look at both issues and what it takes to find the value of both.
Economic Damages
For most people, it is easier to understand and put a price tag on economic damages. He or she can tell you to the dollar how much the medical bills have been. It is easy to figure up the amount of work that has been missed and what a person’s daily wage would be. These figures can be obtained by looking at different paperwork like a doctor’s bill or a person’s last paycheck. This gives a personal injury lawyer what he or she needs to build a case.
There are some economic damages that are not as easy to figure. In the case of the loss of life of a loved on, it may not be as easy to show the economic effect on a family. Some speculation is required to determine how much income this person would have brought in or how much his or her retirement account would have contained if there had not been an accident. A skilled personal injury lawyer relies on experts to assist in coming up with the right figure.
Non-Economic Damage
When a person is disfigured, he or she can show the medical bills that needed to be paid in order to get better and possibly make some adjustments to the appearance. While these are considered economic damages, they are not the only extent of the damage. Now that this accident has occurred, the victim must live with this disfigurement forever. It could mean that the quality of life has diminished or that there are going to be future complications or problems from it. How is it possible to put a price tag on the fact that someone could be stared at when they walk out in public for the rest of his or her life?
A personal injury lawyer with experience can help a victim come up with a figure that seems reasonable to compensate him or her for the trauma caused by the incident. While an attorney needs to be compassionate to a patient, he or she is slightly removed from the situation, making it easier to come up with a monetary value. Relying on experts is another efficient method for determining non-economic damages.
It is important to find a competent personal injury lawyer with the knowledge and experience necessary to pursue this case. A person’s compensation is often tied to the legal representative that he or she chooses.…

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Legal

What Are Common Types of Personal Injury Claims?

The term personal injury refers to an injury to a person’s body, emotional state, or mind. This is a legal term and does not refer to damage done to property. In legal matters this type of claim is often made in conjunction with accusing an individual or business with some type of negligence. The most common types of personal injury claims are tripping and falling, traffic accidents, accidents which are work related, and accidents caused by defective products. Personal injury claims can also involve injuries caused as a result of a medical or dental procedure. In these cases the claim might be a medical malpractice claim.
If the injured party can prove that there was negligence involved then they are often entitled to some amount of monetary compensation. This has become more controversial in the United States after exceedingly large amounts of money were paid to people whose injuries did not seem severe enough to warrant such compensation. Critics have called for some form of tort reform to restrict the amount of money an injured person can receive for certain injuries. Many individuals and special interest groups have accused lawyers and injured people of taking advantage of the system in order to receive compensation that is not in line with their injuries.
The law in the United States has set limitations on the amount of time and injured person can wait before filing a claim. In most states the statute of limitations for a personal injury claim lies somewhere between two and five years. Once a person has exceeded the maximum amount of time allowed to file a claim they are no longer eligible to receive compensation for their injuries. Most attorneys would recommend that an injured person consult with a lawyer immediately in order to avoid any possible complications which could result from waiting too long to file their personal injury claim.
Personal injury claims can involve a myriad of different types of injuries and accidents. For car accidents claims are usually handled by insurance companies and they generally do not make it to court. The same is true for injuries sustained by person while at someone else’s home. In this case homeowners insurance would take the place of automobile insurance and protect the homeowner from liability. Workers’ compensation has been set up to help cover the costs associated with injuries related to a person’s employment. Anyone interested in learning more about their local laws should consult with a lawyer in their area.…

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Harvard Law School

Do You Need The Services Of a Personal Injury Lawyer?

When a stranger shoves you on the streets leading to an injury, more than likely there is nothing that you can do about it – other than hope for an apology. However, when you sustain serious injuries out of the negligence of another party such as a medical practitioner or your employer it is natural to expect compensation for your injuries. The sad fact is that this rarely happens without a little pushing and shoving, which is best done by a knowledgeable member of the legal fraternity. The litigation of a personal injury lawyer and might be necessary, if you hope to get justice and obtain the damages due in the event of a personal injury, medical malpractice or workers compensation claim.
Most people would like to settle personal claim matters as quickly and as civil as possible. If you have ever dealt with claim matters you probably know how difficult it is to reach an agreement with insurance providers, who often handle such matters. Enlisting the services of a personal injury attorney puts you at a better position to receive favorable settlements. In essence, it is beneficial to understand the instances when you might need the services of a personal injury attorney.
Worker’s compensation is a legal system put in place to protect workers who might sustain injuries while at work. In this case the compensation is meant to cover medical care costs and the pre-supposed lost wages. If deemed necessary, the compensation may also cover rehabilitation and retraining. In the unfortunate event that a worker dies during the course of work, their family is often eligible to receive benefits. There are limitations to the conditions which warrant a worker to receive this compensation, usually if it is determined that the injury was as a result of the worker’s willful misconduct or intoxication.
Patients, who are misdiagnosed, suffer from unreasonable delays or do not get the appropriate treatment, are often entitled to bring medical malpractice suits against medical practitioners. However, damages are not issued if the medical error does not result in a subsequent ailment or bodily harm. It is important to understand that medical malpractice is a highly specialized field and it is therefore important to seek the services of a specialized personal injury lawyer who can help you with your specific case. For instance, there are medical malpractice lawyers who primarily handle surgical errors while others handle birth trauma cases.
Other than medical malpractice and workers compensation, there are personal injury attorneys who handle defective product cases, construction injuries or car accidents.
Before consulting a personal injury lawyer it is wise to assess your situation or that of your loved one, to determine whether or not you are liable for a claim. Once you determine that you have a case, a consultation with a personal injury lawyer will help you determine how much you can expect in compensation and handle the litigation process on your behalf if you do choose to carry through with the case.…

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Law Dictionary

Personal Injuries in San Fernando Valley Cost Lives and Limbs

As one of California’s most urbanized areas, San Fernando Valley personal injury lawyers will tell you that people of all ages, whether they get behind the wheel of a car or not, are at risk of accidents that can cost them their lives and limbs.
Studies show that San Fernando Valley many accident injuries occur near schools, on urban streets and at train crossings.
Dangerous Train Crossings Worry San Fernando Valley Commuters
In 2008, San Fernando Valley figured prominently in the news after a Metrolink train collided with a Union Pacific freight train in Chatsworth. Reports showed that 25 people were killed and 135 others were injured in the horrific collision. Investigation showed that the Metrolink train engineer may have been text messaging at the time of the crash, which led him to miss a red light warning.
Aside from the tragic 2008 crash, safety experts say that San Fernando Valley is home to some of the system’s most dangerous crossings. They identified these areas as Buena Vista Street in Burbank and Sunland Boulevard in Sun Valley. In January 2003, two people were killed when a man’s vehicle was struck by a Metrolink train traveling 79 mph. Two train cars were also derailed and 20 other Metrolink riders were injured in the train accident. In January 2006, a 76-year-old lady was killed after her car was hit by a Metrolink train going 75 mph. The woman’s car was dragged a third of a mile before the train could stop.
Metrolink officials, however, are aware of the city’s track record when it comes to train safety. They recently announced, that as a result of the 2008 Chatsworth crash, video cameras have been installed inside and outside all of the rail system’s locomotives. The new safety measures also include video records, similar to those of an airplane’s black box, which will be reviewed daily on a random basis to determine whether engineers adhere to bans on cellphones, text messaging and entertaining unauthorized passengers in the cab.
Unsafe Driving in School Zones Puts Children, Crossing Guards At Risk
The most vulnerable members of the population include children. In fact, San Fernando Valley safety officials say that 25 to 30 children are injured every year while on their way to school or while going home. But it’s not only children who are at risk. San Fernando Valley has 146 crossing guards and they recently spoke out about some people’s cavalier driving attitudes near school zones.
San Fernando Valley crossing guards say that even though cars are supposed to wait for them to get back on the curb, some drivers turn right in front of them. One Valley crossing guard recounted how one driver completely ignored him as walked back to the curb and even laughed as she almost hit him. Despite a 25 mph speed limit in school zones, another crossing guard suffered serious personal injuries when he was hit by a speeding driver in Granada Hills.
Even parents put their own children at risk with their driving habits, said one San Fernando Valley transportation official. Because many parents are in a rush to drop off their children at schools, they compromise their kids’ safety and those of other children. One girl was dragged down the street by her mother when the child’s backpack was caught in the car handle as she stepped out of the vehicle.
San Fernando Valley Personal Injury Lawyers Note Disturbing Pattern in City’s Car Accidents
Meantime, many San Fernando personal injury attorneys are also concerned that many accidents seem to take place in select streets and areas in the city. Recent studies showed that in the last three years, at least 90 people have been killed on just 20 San Fernando Valley streets.
Many San Fernando Valley personal injury law firms say that this means that either the city is not doing enough to make the roads safe for its citizens or some motorists are stubborn about sticking to their unsafe driving practices. Some of the most dangerous streets include Laurel Canyon Boulevard, Burbank Boulevard and Nordhoff Street, which had 28 fatal accidents between them.…

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Family Law Attorney

Find Out What A Personal Injury Lawyer Does

A personal injury lawyer is a legal representative who offers legal advice and representation to people who feel they have been wronged in one way or the other. For instance, a person who is injured in the when a bus or any other form of public transport is involved in an accident can look for malpractice lawyers or a brain injury lawyer to sue the driver of the bus and the bus company for malpractice or negligence.
Lawsuits for personal injuries are meant to compensate the aggrieved party to address the injuries they suffered, whether physical, psychological or financial. The amount awarded as compensation is meant to help the person get onto his or her feet after the incident. However, the burden of proof lies with the plaintiff because they have to prove that there was malpractice or negligence and that it was the cause of the accident.
The attorneys for the plaintiff must also prove that their client suffered some financial loses or felt physical and emotional pain due to the negligence of the defendant. That being said, getting a good car accident lawyer is very important. A good attorney is characterized by a larger number of wins compared to the number of cases lost.
When searching for good car accident lawyers in your area, you may want to consider asking your colleagues, friends and family for recommendations. Chances are that one of them has had a positive encounter with a good attorney in your area. Good attorneys when to settle and when to push a case through trial.
Some people often choose to settle for a large sum of cash while others want the case to go to trial to let the entire world know that the defendant is negligent of his duties and should not be entrusted with any duty that may risk the life of other people. When decided in favor of the plaintiff, defendants are usually required to pay an enormous amount of money as compensation.
Other cases that may involve a personal injury lawyer include injuries cause by negligence or general malpractice of medical practitioners. For instance, a patient might visit a doctor hoping to get better after treatment only to get worse without any reasonable medical explanation. In such cases, medical malpractice lawyers are usually brought in. The last decade has seen very many cases like this.
The increase in such lawsuits in the last decade can be attributed the no win no pay deal offered by law firms. In such deals, personal injury lawyers represent their clients free of charge pending the outcome of the case. If the case is decided in favor of the plaintiff, the personal injury lawyer gets his or her cut. This means that anyone can sue anybody of any company without spending any money.
When looking for a personal injury lawyer, you must do your research in order to find the best attorney in your area. An accident can make you incapable of going to work or take care of your children. Medical malpractice lawyers, car accident lawyers and malpractice lawyers are there to ensure that you get the compensation your deserve.…